CRC funded reports

1986-1987

The Council received reports from 13 completed research projects
during the year 1986-87. Summaries of
these reports are given below. These reports are held by the Australian Institute of Criminology's
JV Barry Library and are available on inter-library loan. For full bibliographic information on any
report, search the Library's Catalogue.

Homicide in NSW 1969-1979

Report title: Homicide: The Social Reality (PDF 13.9MB)Grantee: Alison Wallace, Bureau of Crime Statistics and Research, New South Wales
Criminology Research Council grant ; (1/81)

This was essentially a study of all homicides known to the police in New South
Wales over the fourteen-year period 196881. There were 1393 cases. The study
followed and made use of two earlier studies covering 1933-57 and 1958-67.
Thus, for some analyses, data covering forty-nine years were available. The
report developed a typology of homicide, the most important aspects of which
related to: spouse killing, child killing, other domestic homicides, homicides
beyond the family and murder-suicide. The enormous differences between these
types in motivation, method, circumstances and culpability make a mockery of
homicide as a unitary concept. The typology also demonstrated the
inappropriateness of dealing with all homicide cases in the same way.

This report contains an analysis of 276 cases which were heard in the
District Court of New South Wales over the period 1980-82. A small number of
cases were found to be inconsistent or statistically anomalous as far as
sentencing was concerned. Also, the researchers claimed that there appeared to
be inconsistencies in the application of 'no bills' to certain drug cases. The
report concluded with recommendations for the development of a Court Information
System, the establishment of a Sentencing Council and a Probity Council, and the
provision of statutory support for necessary data collection. These research
findings and recommendations were subsequently the subject of extensive public
discussion in New South Wales, particularly in relation to a government decision
to establish a Judicial Commission.

Investigation of the relationship of Aboriginal customary law to Australian common and statute law

The report focussed on petrol sniffing among Pitjantjatjara children, and placed
the problem in a cultural context. It argued that due to complex external
factors bearing on the traditional way of life, the mobility so essential to the
maintenance of traditional culture was under threat, and this was resulting in a
cleavage of identity for young people. A major consequence was the inhalation
of petrol fumes. This phenomenon had grown over the past ten years to a point
where hospitalisation, and even death, had become regular occurrences. While
the report was critical of solutions which were determined in isolation from the
communities affected, it was clear that government had a role to play in
prescribing limits. It was vital, however, that this be done with the full
co-operation of the Pitjantjatjara people.

A descriptive analysis of patterns of recidivism in the WA prison population

Failure rate analysis was used to study the recidivism of all prisoners released
for the first time between July 1975 and June 1984 from Western Australian
prisons. The total was 11 262. Recidivism was defined as re-incarceration and
excluded convictions involving other penal sanctions. Prisoners serving
sentences in police lock-ups, remanded in custody or sentenced to imprisonment
prior to July 1975 were also excluded.

Overall, the probability of recidivism for Aboriginal male prisoners was 80 per
cent and for non-Aboriginal males was 48 per cent and the median times to fail
(re-incarceration) for these groups were 11 months and 18 months respectively.
Female Aboriginal recidivism was 75 per cent and female non-Aboriginal
recidivism was 29 per cent and the median times to fail were 16 months and 19
months respectively. Higher recidivism was observed for male, Aboriginal and
young prisoners.

Other variables considered (at first receival) included major offence, actual
time served, sentence type, prison (at exit), and marital, educational and
employment status. For example, lower recidivism was observed for
non-Aboriginal prisoners incarcerated longer and for more serious offences.

The time to fail was consistently much shorter for Aboriginals across all
factors than for non-Aboriginal prisoners. A general downward trend in
recidivism was found between 1975-76 and 1978-79 although it was less marked for
Aboriginal prisoners and did not continue beyond 1980-81.

The contribution of Aboriginal recidivism to high rates of imprisonment in
Western Australia was discussed in relation to the utility of imprisonment. The
limitations and merits of failure rate analysis in recidivism studies were
considered.

This report represents the results of a very detailed statistical study which
aimed to assess the impact of the strike by prison officers in New South Wales
which lasted from 7 February to 15 March 1984. For most statistical analyses in
the report a comparison was made between the strike period and an equivalent
control period in 1983. Data were collected for both periods from the police,
the local courts, the higher courts and the prisons themselves.

The principal conclusion of this study is:

Even though there were thus hundreds of offenders at large during the strike who
would 'normally' have been in custody, and there were many sentenced prisoners
released earlier than they normally would have been due to the effects of the
special strike remission, the statistics on the crimes reported and accepted as
genuine for the whole of New South Wales made available by the Police Department
did not disclose any marked change in the overall crime rate during the period
of the strike compared to the control period.

The authors then related this finding to other research findings, including some
produced by the Australian Institute of Criminology, and to recommendations of
law reform bodies with a view to advocating the lower use of imprisonment,
especially for fine defaulters and remandees.

Policing the bathurst motor cycle races

Report titles: Dynamics of Collective Conflict: 'Riots at the Bathurst Bike Races'; Policing the Bathurst Motorcycle Races (PDF 56kB) (Report on the findings of Dynamics of Collective Conflict: 'Riots at the Bathurst Bike Races')
Grantees: Dr A.E. Veno, Mitchell College of Advanced Education, Mr C. Cunneen, NSW Bureau of Crime Statistics and Research and other members of a Riot Study Group.
Criminology Research Council grant ; (14/84)

The first report, Dynamics of Collective Conflict, comprises seven
working papers dealing with various aspects of the Bathurst riots - history,
dynamics of conflict, media representation, functions of the criminal law and
policing. The report concluded that the riots of 1980, 1981, 1983 and 1985 were
part of the institutionalisation of conflict and that they took the form of
ritualised games. Court records over a twenty-five year period showed little
change in the characteristics of persons arrested at the races, even though the
police had assumed a larger role in crowd control over this period. Public
disorder at Bathurst had become increasingly focussed against the police
presence, with the contest over public space and the exercise of force being
seen as a struggle for authority. the authors suggested that the police
themselves had become the group that was threatened by such disorder. The
authors also concluded that both the newspaper and television coverage of the
Bathurst races involved considerable distortion and contributed to public alarm
about the riots.

The second report, Policing the Bathurst Motorcycle Races, included the
results of a survey of the attitudes of motor cycle riders in both New South
Wales and Victoria. This showed that a high proportion were well educated, held
responsible jobs and had a high level of disposable income. They saw the law,
government and the police as the major obstacle to their enjoyment of the motor
cycle lifestyle. Some significant differences were found between riders from
New South Wales and Victoria in their attitudes to the police, with the former
having less favourable or positive attitudes than those from Victoria.

This report also included the results of an observational study that was
conducted at five motor cycle events in New South Wales and Victoria. This
study concluded that high visibility policing resulted in higher anti-police
sentiment, reduced crowd enjoyment, lower attendance figures and lower financial
returns to the organisers. A lack of restriction on the availability of alcohol
was seen as being closely associated with high crowd rowdiness. The report
concluded with a number of specific recommendations that aimed to reduce public
disorder at the Bathurst Races and elsewhere.

The first report was further developed and later published as a book entitled
Dynamics of Collective Conflict: Riots at the Bathurst Bike Races by
Chris Cunneen, Mark Findlay, Rob Lynch and Vernon Tupper, The Law Book Company,
1989.

Job retention of youth released from youth training centres in Victoria

The report of this project was prepared by Hilary Read, a Research Fellow, under
the supervision of Dr Christine Alder. The recurring life pattern for many
adolescents in Youth Training Centres (YTCS) is one of wardship, unemployment,
offending and institutionalisation. One aspect of current
deinstitutionalisation policies is to alter this pattern by developing
meaningful, long term employment for these young people. This objective is
supported by criminological theory and research which indicates the importance
of employment to the development of attachments and commitment to conventional
society. The objective of the present exploratory study was to provide
qualitative data which might indicate why some YTC releasees develop stable
employment patterns and others do not. Such information is essential for the
development of employment policies and programs for these youth, and hence
potentially their future life patterns.

Data were collected from three sources: youth releases from YTCs into employment
(11 males and 10 females); professional staff working with such youth; and
employers of YTC releasees. Youths were interviewed and administered structured
questionnaires, where possible, before leaving the YTC. Further in-depth
interviews were conducted three months after their release. Interviews were
also conducted with employers and professional staff.

The results indicate that few young people (5 of 21) remained in the same job in
which they were placed when they were released from YTC. Some young people (7
of 21) remained in employment even though they changed jobs. However, just
under half of the subjects (9 of 21) held jobs for a very short period of time
and did not find further employment. That is, three employment patterns became
clear in the data: Job Retained, Employment Retained, and Unemployed. The
youths in these categories were not distinguishable from each other in terms of
background characteristics such as level of education and prior employment
history.

In explaining job loss the different groups who were interviewed emphasised
different factors. The youths focussed on problems with the job itself: the
youth workers spoke in terms of personal characteristics which they often
related to difficult life circumstances; the employers gave work related matters
(such as absenteeism, avoidance of work and arriving late) as reasons for final
dismissal but often explained these in terms of peer influences or difficult
life circumstances; and professionals in related areas spoke of the importance
of the quality of the job, and the lack of supportive services.

While different factors were emphasised by different groups, seven factors
emerged from across the interviews as most important for understanding the
problems of job retention for these youths: the type of job, the level of
training, support, emotional and personality problems, institutionalisation,
stigma and peers.

The study used structured interviews with households in two inner city Brisbane
suburbs: 475 interviews in Paddington and 118 in Spring Hill, a sample of
approximately 17 per cent of total dwellings. Private hotels and boarding
houses were excluded.

The study sought perceptions of crime amongst residents, in order to compare the
two suburbs with each other and Spring Hill with the 1980 survey. Both suburbs
are undergoing 'gentrification', but only Spring Hill has been subject to major
local authority town planning initiatives. Actual victimisation of household
members over the previous twelve months was also identified, and reasons for
incidents not being reported to the police were pursued. Respondents were asked
about the Queensland Police Department's security advice service.

Respondents did not think their suburbs had high crime rates. People in Spring
Hill felt the crime rate there had dropped in the last five years. This
supports theories of the relationship between environmental 'cues' and crime
perception; but respondents felt the changing social status of the suburbs had
had a direct effect on crime. Direct action by police and local agencies was
not felt to have greatly influenced the level of crime. Respondents felt there
was now more crime against property than previously. It was not possible to
compare actual with perceived rates there; but in Paddington the actual crime
rates were somewhat ambivalent - rates had fluctuated more from year to year
than from the start to the end of the five year period. Few people had
seriously considered moving because of crime.

Police actions with high visibility (car and foot patrols particularly) and
neighbourhood watch schemes were supported. There was general concern about the
involvement of children in crime; and commonly a relationship between
(particularly youth) unemployment and crime was identified.

Just over one third of the households had been victims of crime in the twelve
months preceding the survey. The most common crimes were nuisance calls, theft,
and breaking and entering. The average reporting rate was 25 per cent, but the
rate fluctuated considerably according to the type of incident; motor vehicle
theft, and breaking and entering were most often reported, nuisance calls the
least. The main reasons given for non-reporting were that the value of the
goods or the hope of recovery was too small, that punishment of the offenders
was not appropriate given the 'trivial' nature of the offence or the youth of
the (suspected) offenders, or that the police were already busy enough. Some
respondents had had discouraging previous experience with the police.

About 35 per cent were aware of the Queensland Police Department's security
inspection service, and about 30 per cent were interested in having an
inspection of their dwelling carried out. Those who did not want one felt the
current level of security of their dwelling was adequate, but there was also a
fatalistic acceptance that break-ins would occur no matter what was done.

Overall, the study revealed two inner city suburbs without overwhelming crime
problems but nonetheless still affected and still concerned. There were a
number of useful pointers to actions by police, other public authorities and the
community in reducing crime.

The social and economic consequences of arson

This project was undertaken under contract to the grantee by Nicholas Clark and Associates.

The main findings of the study were:

Each year there are about 25 000 fire incidents attended by the Fire
Brigade in NSW, and these appear to cause about $150 million in replacement
damage costs.

There are very few successful prosecutions for the crime of arson as such.
Only about 10 persons are convicted of arson each year in NSW, although other
charges (such as malicious damage, manslaughter) are sometimes used instead of a
charge of arson.

Police and fire brigade sources indicate, however, that there are some 1500
to 3000 incidents each year which are almost certainly arson, and these cause
about $25 million in replacement damage costs.

Suspicious and other fires which are likely to have some contributing
element of arson probably cause about another $40 million in replacement damage
costs.

Most of the costs associated with arson occur in shops, offices, cars and
dwellings, these categories account for over 70 per cent of costs, indicating
that most arson is carried out for pecuniary reasons.

Persons under 16 years of age contribute to 28 per cent of fire incidents,
but to only a small proportion (7 per cent) of fire damage, and only some of
this is intentional and malicious.

Arson tends to be concentrated in the metropolitan area. About 60 per cent
of fire incidents occur in the Sydney metropolitan region, relative to about 75
per cent of arson incidents and about 80 per cent of damage due to arson being
in the metropolitan area.

The top 10 per cent of fires usually constitute around 90 per cent of the
costs associated with fires, whether they are suspicious or not.

There appears to be an increasing trend in arson incidents; the number of
arson incidents appears to have doubled every eight years since 1964.

The policy process in Australian policing: the case of community policing

Report title: The Policy Process in Australian Policing: The Case of Community Policing
Grantees: Professor J.L. Munro, Faculty of Political Science, University of West Florida, and Visiting Fellow, National Police Research Unit, Adelaide.
Criminology Research Council grant ; (8/86)

It is reasonable to say that the health of a democracy may, in large part, be
seen in the practices of its police. Australia is fortunate in having police
forces with a genuine concern for community service and humane police practices.
Victoria and South Australia are two States which are particularly noteworthy
for their efforts to develop creative community-based policing. This study was
concerned with the decision-making process dealing with community policing.

In South Australia community policing took the form of a major metropolitan
reorganisation. Systemic decisional processes were followed; the planning
process was comprehensive and the lead time very long. Means-ends links were
explicitly considered and a premium was placed on managerial rationality.
Decision-making was dominated by the research and development unit and conflict
was managed through a marriage of rational and political ends and means. Hard
data arguments were utilised to accomplish ends that were both managerially
rational and politically advantageous. The end result was the implementation of
a strategic reorganisation which was both systemic in nature and global in
concept.

Victoria present a much different picture. Community policing there was
represented by a number of very diverse and creative programs; the Frankston
Police/Community Involvement Program, the Broadmeadows Storefront Program, the
Blue Light Discotheques and Community Policing Squads. Each program was
separately developed and administered. Each was an ad hoc development and was
implemented with a minimum lead time. Internal conflict was minimal and the
primacy of the Chief Commissioner was the hallmark of Victorian police
decision-making. The end result might well be called a series of programs
looking for a strategy.

As measured by political and interest group activity, the police in Victoria
exist in a more hostile environment than do the police in South Australia. The
case study evidence suggests that a benign political environment allows the
development of rational management decision processes and systemic innovations.
Environments which are more politically hostile seem to place a premium on
instant response, incremental change and individual, rather than system
accountability.

This study was based on extensive interviews with two offenders, persons
associated, directly or indirectly, with the offenders and arresting police
officers involved in a major case of murder. The crime typically can be
classified as 'lust' homicide and involved the killing and torture of a
14-year-old boy.

In theoretical terms the study assisted in developing perspectives on lust
killers. Though the 'social disadvantage' hypothesis usually advanced as an
explanation of such crimes is congruent with the past history of one offender,
no such pattern emerged with the other. Indeed, the very 'normality' of the
offenders adds weight to an observation increasingly emphasised in the
professional literature; that is, that scientific and psychiatric evidence does
not lead inevitably to the conclusion that the majority of sexual murderers are
mentally ill, either in a medical sense, or as the term is legally defined.

The research publications that have resulted from the project include relevant
sections of Murder of the lnnocents: Child Killers and Their Victims (P.R.
Wilson, Rigby, Adelaide, 1985) and a major article entitled 'Stranger Child
Murder: Issues Relating to Causes and Controls', (International Journal of
Offender Therapy and Comparative Criminology, forthcoming, 1987). Considerable
media and professional attention has been paid to two propositions emerging from
the study and publications. The first is the researcher's view, albeit a
minority view in Australia, that the defence of insanity should be abolished and
that no offender ought to be excused for his criminal behaviour simply because
he is judged mentally disturbed. The second proposition asserts, on the basis
of analysing the contents of pornography found with the offenders and the nature
of the fatal injuries inflicted on the victim, that pornographic material
intertwining sex with violence reinforces predisposing patterns of destructive
behaviour in individuals who commit lust killings.

The study has significantly contributed towards the generation of two related
research projects with important policy implications. The first project
analyses, using quantitative techniques, the use, distribution and specific
content of video material classified as 'X' or 'R'. The second study assesses
procedures used by Australian police forces in tracing missing persons,
especially children and adolescents, who disappear.

Public perception of sentencing in Perth

Report title: Public Perception of Sentencing in Perth, Western Australia
Grantee: David W. Indermaur, Clinical Psychologist, Western Australian Prisons Department.
Criminology Research Council grant ; (7/86)

The general view of public attitude toward the punishment of offenders is that
is is punitive and opposed to alternatives to imprisonment. Earlier authors
have argued that public policy makers have largely accepted the view of a
punitive public and are hesitant to introduce reform for fear of political
consequences. Some earlier studies have questioned the conclusion that the
public is generally punitive and opposed to alternatives to imprisonment.

The present study critically reviews the issue of public attitude towards the
punishment of offenders. Specifically, the utility of general survey questions
was examined. It is suggested that 'general' questions about 'general' crime
may simply tap respondents' anxiety about violence. The results of the present
study support earlier work which indicates that the public is concerned about
violent crime and this concern dominates its responses. When more specific
questions were asked, and more detail was given, respondents gave more specific,
and less punitive, responses.

A total of 554 Perth residents were interviewed from a sample frame of 800.
Firstly, perception of crime was probed. Most respondents overestimated the
amount of crime which involves violence and tended to see the murder rate as
increasing when it is not. Most (76 per cent) said that sentences 'are not
severe enough'. However, 80 per cent of these were thinking of a violent
criminal when answering that question.

The second part of the interview involved a split sample design to test
differences in responses to two types of item presentation. Approximately half
the sample (288) were simply asked to nominate a penalty considered appropriate
for three offences. The other half were given brief descriptions of the offence
and the offender and then asked to nominate the appropriate penalty. To
overcome the confounding effect of possible mitigating factors, respondents were
asked to specify average, maximum and minimum penalties, and then onlv the
nominated minimum penalties were compared. The minimum sentences were
significantly lower for the group given the case descriptions. The results
suggest that public responses to questions of punishment are largely influenced
by stereotypes.

A good deal of acceptance was found for proposed alternatives to imprisonment.
The most popular (75 per cent said yes, in all or most cases) was the use of
attendance centres for those sentenced to less than three months in prison (this
group makes up 60 per cent of all prisoners received in Western Australia).
Most respondents also favoured programs for fine defaulters, on the spot fines
for petty offences and a day fine Respondents who expressed greater fear of
crime were more likely to overestimate the amount of crime which is violent and
to favour harsher sentences. Respondents' estimation of their risk of
victimisation largely exceeded the risks suggested by victimisation survey data.
Women tended to be more afraid and to be more likely to overestimate the amount
of violent crime.

The implications of the results are discussed in terms of survey methodology and
sentencing reform. It is argued that surveys need to be more specific and
precise in posing questions. More importantly, caution needs to be exercised in
interpreting poll results, especially when they are used to guide policy
formulation and judicial practice. Public concern is largely in the area of
violent crime. However, in Western Australia crimes of violence account for
only about 4 per cent of all reported crime and 13 per cent of all prisoners
received. Extrapolations of public reactions on general questions about crime
to specific proposals in the criminal justice system are likely to be invalid.

An evaluation of the theory and practice of outreach youth works

This report is the result of two and a half years of work with Outreach workers
in Victoria, primarily those emploved under the YMCA's Outreach Program over the
period 1978 to 1981. The report is primarily an investigation of the
philosophy, theory and practice of Outreach work as it has developed in
Australia and up to the time the research finished in 1981. Although a brief
attempt was made to update the Victorian developments since that time, the bulk
of the empirical data was collected during 1979-80.

The terms 'Street work', 'Outreach work', and 'Detached youth work' refer to a
form of youth work that recognises that the needs of many young people are not
met by traditional agencies, youth clubs and similar services. Youth workers,
instead of expecting such youth to come to them and their agencies, must reach
out to them and bring their services to where the young people are.

The report stresses at the outset that Outreach work, like any other form of
community work, is not a homogenous field with all workers in basic agreement.
The report attempts to clarify some of the fundamental differences that separate
the field and shows some of the varied work styles that make up the range of
goals and methods called 'Outreach work'.

In the first part of the report the historical development of Outreach theory in
the United States, with its strong emphasis on functionalism and social control,
is contrasted with the United Kingdom's greater emphasis on individual
development. The impact of these theoretical approaches on the development of
Australian Outreach work is dicussed and several models of Outreach work
develped. The workers' own conceptions of the goals of Outreach work are
discussed, followed by the various styles of work practised by different
Outreach projects in Australia.

The actual practice of Outreach work is outlined, based on the 1979-80 survey
and numerous interviews and case studies collected over the period. An
evaluation is attempted within the limitations of the data available.

The report concludes that:

Outreach work is an effective and valuable form of youth work, contributing
significantly to the well-being of many young people;

the theory and practice of Outreach work requires considerable development
if Outreach work is to achieve its potential in helping young people;

Outreach projects have been chronically under-funded at the cost of the
effective development of this style of work and ultimately at the expense of
both the workers and the young people they work with.

The report finishes with an outline of some of the changes that have occurred in
Victoria in the intervening years and concludes with a brief discussion of the
'politics of Outreach work'.